Howard County residents took too long to challenge how a controversial rezoning law was enacted, according to the county?s motion to dismiss a lawsuit.
“The plaintiff?s lack of diligence is self-evident,” the motion states. “They could have challenged the alleged procedural defects in [the law] over two years ago.”
The law, commonly known as Comp Lite, rezoned dozens of properties after the 2004 comprehensive rezoning plan, which dictates growth, was approved.
The county also claims residents have to prove their property values are directly affected by Comp Lite, said Paul Johnson, Howard?s deputy county solicitor.
Fourteen residents filed a lawsuit in October, saying county officials neglected to get public comment before rezoning several properties through Comp Lite.
Four properties in the lawsuit are Bethel Korean Presbyterian Church in Ellicott City, the Cavey/Braun property in Ellicott City, the Kaulfuss property in Ellicott City and a property on Marriottsville Road in Marriottsville.
The suit, which names the county, County Council and Department of Planning and Zoning, claims the county violated its own law.
Prosecutor Katherine Taylor, who represents the residents, said she thinks the motion will be denied. “I look at this as [the county] doing their best to raise any issue they can,” she said.
After the legislation was passed, a group of residents took the measure to referendum, which was rendered moot by a Court of Special Appeals, and the law went into effect in July.
William Erskine, an attorney with Reese and Carney who represents a client whose property was rezoned under Comp Lite, said he agreed with the county?s action and plans to also file a motion to have the suit thrown out.
“If you were unhappy with it, you should have said so a year and a half ago,” he said.
The county?s motion, filed last week, is not its formal response to the lawsuit, which will come if the suit is not dismissed, he said.
